A federal judge in California is allowing a consumer’s claim that Prime Hydration’s grape-flavored sports drink is “poisonous” to move forward, finding independent testing showing unsafe levels of cancer-causing toxins in the various bottles was enough to proceed.
In a Sept. 9 opinion, U.S. District Judge Araceli Martínez-Olguín for the Northern District of California concluded the plaintiff, Elizabeth Castillo, had standing and could proceed on one claim of breach of implied warranty of merchantability. However, the judge said Castillo failed to plead factual allegations that Prime had knowledge about the presence of per- and polyfluoralkyl substances, also known as forever chemicals, among several other claims, and granted many of Prime’s dismissal requests.